PERMIT Act
This bill eases Clean Water Act permitting rules and limits federal and state regulatory authority over energy, construction, and agricultural activities. It extends maximum water discharge and dredge-and-fill permit terms from 5 to 10 years, exempts agricultural stormwater, approved pesticide spraying, and wildfire retardant from standard discharge permits, and excludes ephemeral streams, groundwater, and farm drainage from federal jurisdiction. Additionally, it narrows states' power to deny or condition water quality certifications for interstate energy projects, imposes shorter deadlines and stricter standing requirements on legal challenges against approved permits, and restricts the Environmental Protection Agency’s ability to veto Army Corps development permits after they are issued.
What this bill touches.
Who it helps · who it burdens.
Who it helps
- Industrial and municipal point source discharge permitteesExtends NPDES permit terms from 5 to 10 years (Sec. 7), expands the permit shield defense to cover unlisted pollutants disclosed during application or present in identified processes (Sec. 8(a)), requires EPA and states to consider technology costs and commercial availability when setting criteria and effluent limits (Sec. 2(b), Sec. 4), and requires water quality-based limits to provide clear numerical limits or actions (Sec. 8(b)).
- Agricultural producers and farmersExempts precipitation-driven stormwater runoff and subsurface drainage from Clean Water Act discharge permits (Sec. 10), exempts approved pesticide applications from discharge permits (Sec. 11), excludes prior converted cropland and ephemeral features from the definition of navigable waters (Sec. 20), and raises aboveground oil storage capacity thresholds that exempt farms from Spill Prevention, Control, and Countermeasure rules (Sec. 21).
- Energy pipeline and linear infrastructure developersMandates 10-year nationwide Section 404 permits for linear infrastructure and pipeline projects (Sec. 13), exempts nationwide permit reissuances from Endangered Species Act consultations (Sec. 13), limits Section 401 water quality certification reviews strictly to direct point source discharge compliance (Sec. 5), and imposes tight 30-day filing deadlines and strict economic-harm standing requirements for lawsuits challenging interstate energy project certifications (Sec. 5).
- Mining and resource extraction operatorsRevises compensatory mitigation regulations to credit activities under approved reclamation plans toward aquatic mitigation requirements, take into account the temporary nature of impacts, consider existing financial assurances, and authorize the sale or transfer of surplus mitigation credits (Sec. 18).
- State environmental agencies administering or seeking dredge-and-fill permit programsRatifies state-administered Section 404 dredge-and-fill permit programs in Michigan, New Jersey, and Florida and prevents EPA from revoking them without an Act of Congress (Sec. 16), while requiring EPA to streamline regulations and adhere to a 45-day deadline for requesting additional info on state program assumption requests (Sec. 14, Sec. 17).
Who it burdens
- State and interstate water quality certifying agenciesLimits Section 401 review authority to direct discharges and compliance with enumerated Clean Water Act sections, requires publication of certification requirements within 30 days, mandates written deficiency notices within 90 days, removes state authority to directly enforce certification conditions attached to federal licenses, and requires states to evaluate cost-effectiveness and technology availability when setting water quality standards (Sec. 2(a), Sec. 5).
- Environmental and community litigants challenging Clean Water Act permitsRestricts legal challenges against Section 404 permits and state program approvals by establishing a 60-day filing deadline, limiting standing solely to parties who filed detailed administrative comments on the specific issue, and prohibiting courts from vacating or halting permits on remand unless there is imminent and substantial danger to human health or the environment (Sec. 15).
- Environmental Protection AgencyBars EPA from prohibiting or restricting Section 404 dredge-and-fill disposal sites before an application is submitted or after the Army Corps issues a permit (Sec. 12), and prohibits EPA from withdrawing approval of Section 404 programs in Michigan, New Jersey, and Florida without congressional action (Sec. 16).
The provisions, in plain language.
Show all 27 provisions
Limits state and EPA Clean Water Act Section 401 reviews strictly to direct point source discharge compliance, sets mandatory application timelines, restricts enforcement of certification conditions solely to the federal licensing agency, and shortens legal challenge windows for interstate energy projects.
Extends the maximum duration of National Pollutant Discharge Elimination System (NPDES) permits from 5 years to 10 years.
Expands the NPDES permit shield by deeming permittees in full compliance for unlisted pollutants that were disclosed during the application process or that occur in identified waste streams and facility operations.
Exempts federally approved pesticide applications and residues from Clean Water Act permitting, except for applications violating federal pesticide law, industrial or municipal wastewater, vessel discharges, and regulated stormwater.
Bars EPA from prohibiting, restricting, or vetoing Section 404 dredge-and-fill disposal sites before an applicant submits a complete permit application or after the Army Corps issues the permit.
Extends Section 404 general permits to 10-year terms, mandates nationwide permits for linear infrastructure and energy pipelines, and exempts nationwide permit renewals from Endangered Species Act consultations while allowing environmental assessments under NEPA.
Establishes a 60-day statute of limitations on lawsuits challenging Section 404 permits or state program approvals, limits legal standing to participating commenters, and prohibits courts from revoking or pausing permits on remand unless there is imminent and substantial danger to health or the environment.
Amends the Clean Water Act definition of "navigable waters" to explicitly exclude waste treatment systems, ephemeral streams that flow only after rain, groundwater, and qualified prior converted cropland used for agriculture within the preceding 10 years.
Requires states to evaluate the cost-effectiveness of combined sewer overflow controls and consider the commercial availability and cost of demonstrated treatment technologies when reviewing or setting water quality standards.
Requires the EPA Administrator to consider the cost and commercial availability in the United States of demonstrated treatment technologies when developing or updating federal water quality criteria.
Requires EPA to issue all new or revised water quality criteria through formal rulemaking and makes those rules directly reviewable in federal appeals courts.
Requires EPA to consider the commercial availability and demonstrated scale of technologies when establishing effluent limitation guidelines for industrial point sources.
Authorizes EPA to issue nationwide and regional general discharge permits, requires two years' advance notice if an expiring general permit will not be renewed, and automatically keeps expired general permits in effect until replaced or formally discontinued.
Requires that any water quality-based effluent limits added to discharge permits specify the exact pollutant and provide clear numerical limits or specific required control measures.
Exempts aerial applications of U.S. Forest Service-approved fire control and suppression products from Clean Water Act discharge permit requirements.
Prohibits EPA and states from requiring discharge permits for precipitation-driven stormwater runoff or subsurface drainage from agricultural lands.
Requires EPA to request any additional needed information within 45 days of receiving a state's application to assume dredge-and-fill permitting authority.
Ratifies state-administered Section 404 dredge-and-fill permit programs in Michigan, New Jersey, and Florida, barring EPA from revoking their approval without an act of Congress.
Directs EPA to review and revise its regulations within 180 days to streamline the process for states seeking to assume federal dredge-and-fill permitting authority.
Directs the Army Corps and EPA to revise aquatic mitigation rules to increase flexibility across mitigation options and credit approved land reclamation plans toward mitigation requirements.
Requires the Army Corps of Engineers to reallocate personnel and resources within 60 days to eliminate backlogs of Section 404 permit applications and jurisdictional determinations.
Raises the aboveground oil storage capacity thresholds that exempt agricultural farms from federal Spill Prevention, Control, and Countermeasure plan rules.
Encourages states to participate in expedited FAST-41 coordinated environmental reviews for major infrastructure projects requiring state clean water authorizations.
Expresses the sense of Congress that the federal government should take a cooperative approach with watershed states and D.C. regarding compliance with the Chesapeake Bay Total Maximum Daily Load.
Directs the Army Corps of Engineers to identify federal parcels suitable for groundwater and aquifer recharge and establish streamlined permitting processes for recharge projects.
Directs EPA to establish a voluntary pilot program for agricultural producers to support state-led water quality improvements in waters impaired by nitrogen or phosphorus.
Authorizes the U.S. Section of the International Boundary and Water Commission to accept public and private funds (excluding funds from foreign countries of concern) for wastewater, water conservation, and flood control projects, with annual reimbursements capped at $5 million.
Limits state and EPA Clean Water Act Section 401 reviews strictly to direct point source discharge compliance, sets mandatory application timelines, restricts enforcement of certification conditions solely to the federal licensing agency, and shortens legal challenge windows for interstate energy projects.
Extends the maximum duration of National Pollutant Discharge Elimination System (NPDES) permits from 5 years to 10 years.
Expands the NPDES permit shield by deeming permittees in full compliance for unlisted pollutants that were disclosed during the application process or that occur in identified waste streams and facility operations.
Exempts federally approved pesticide applications and residues from Clean Water Act permitting, except for applications violating federal pesticide law, industrial or municipal wastewater, vessel discharges, and regulated stormwater.
Bars EPA from prohibiting, restricting, or vetoing Section 404 dredge-and-fill disposal sites before an applicant submits a complete permit application or after the Army Corps issues the permit.
Extends Section 404 general permits to 10-year terms, mandates nationwide permits for linear infrastructure and energy pipelines, and exempts nationwide permit renewals from Endangered Species Act consultations while allowing environmental assessments under NEPA.
Establishes a 60-day statute of limitations on lawsuits challenging Section 404 permits or state program approvals, limits legal standing to participating commenters, and prohibits courts from revoking or pausing permits on remand unless there is imminent and substantial danger to health or the environment.
Amends the Clean Water Act definition of "navigable waters" to explicitly exclude waste treatment systems, ephemeral streams that flow only after rain, groundwater, and qualified prior converted cropland used for agriculture within the preceding 10 years.
How your members of Congress line up
How members voted on PERMIT Act.
Recorded roll calls on this bill, most recent first. Open one to see each member's position.
How it moved.
Show all 34 actions
- Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
- Motion to reconsider laid on the table Agreed to without objection.
- On passage Passed by the Yeas and Nays: 221 - 205 (Roll no. 330).
- Passed/agreed to in House: On passage Passed by the Yeas and Nays: 221 - 205 (Roll no. 330).
- On motion to recommit Failed by the Yeas and Nays: 210 - 216 (Roll no. 329).
- The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
- Ms. McDonald Rivet moved to recommit to the Committee on Transportation and Infrastructure. (text: CR H5793)
- Considered as unfinished business. (consideration: CR H5793-5794)
- Pursuant to clause 1(c) of rule XIX, the House resumed consideration on HR 3898.
- POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced further proceedings on H.R. 3898 would be postponed.
- The House adopted the amendments en gros as agreed to by the Committee of the Whole House on the state of the Union.
- The previous question was ordered pursuant to the rule.
- The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3898.
- DEBATE - Pursuant to the provisions of H. Res. 936, the Committee of the Whole proceeded with 10 minutes of debate on the Peters amendment No. 8.
- DEBATE - Pursuant to the provisions of H. Res. 936, the Committee of the Whole proceeded with 10 minutes of debate on the Nunn (IA) amendment No. 7.
- DEBATE - Pursuant to the provisions of H. Res. 936, the Committee of the Whole proceeded with 10 minutes of debate on the Crawford amendment No. 6.
- DEBATE - Pursuant to the provisions of H. Res. 936, the Committee of the Whole proceeded with 10 minutes of debate on the Biggs (AZ) amendment No. 4.
- DEBATE - Pursuant to the provisions of H. Res. 936, the Committee of the Whole proceeded with 10 minutes of debate on the Biggs (AZ) amendment No. 3.
- DEBATE - Pursuant to the provisions of H. Res. 936, the Committee of the Whole proceeded with 10 minutes of debate on the Babin amendment No. 2.
- DEBATE - Pursuant to the provisions of H. Res. 936, the Committee of the Whole proceeded with 10 minutes of debate on the Bean (FL) amendment No. 1.
- GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3898.
- The Speaker designated the Honorable Addison P. McDowell to act as Chairman of the Committee.
- House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 936 and Rule XVIII.
- Rule provides for consideration of H.R. 3898, H.R. 3383, H.R. 3638, H.R. 3628, H.R. 3668 and S. 1071. The resolution provides for consideration of H.R. 3898, H.R. 3383, H.R. 3638, and H.R. 3628 under a structured rule; and H.R. 3668 and S. 1071 under a closed rule. The resolution provides for one motion to recommit on H.R. 3898, H.R. 3383, H.R. 3638, H.R. 3628, and H.R. 3668; and one motion to commit on S. 1071.
- Considered under the provisions of rule H. Res. 936. (consideration: CR H5768-5787; text of amendment in the nature of a substitute: CR H5775-5779)
- Rules Committee Resolution H. Res. 936 Reported to House. Rule provides for consideration of H.R. 3898, H.R. 3383, H.R. 3638, H.R. 3628, H.R. 3668 and S. 1071. The resolution provides for consideration of H.R. 3898, H.R. 3383, H.R. 3638, and H.R. 3628 under a structured rule; and H.R. 3668 and S. 1071 under a closed rule. The resolution provides for one motion to recommit on H.R. 3898, H.R. 3383, H.R. 3638, H.R. 3628, and H.R. 3668; and one motion to commit on S. 1071.
- Placed on the Union Calendar, Calendar No. 145.
- Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 119-180.
- Ordered to be Reported (Amended) by the Yeas and Nays: 34 - 30.
- Committee Consideration and Mark-up Session Held
- Subcommittee on Water Resources and Environment Discharged
- Referred to the Subcommittee on Water Resources and Environment.
- Referred to the House Committee on Transportation and Infrastructure.
- Introduced in House
- Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
- Motion to reconsider laid on the table Agreed to without objection.
- On passage Passed by the Yeas and Nays: 221 - 205 (Roll no. 330).
- Passed/agreed to in House: On passage Passed by the Yeas and Nays: 221 - 205 (Roll no. 330).
- On motion to recommit Failed by the Yeas and Nays: 210 - 216 (Roll no. 329).
- The House adopted the amendments en gros as agreed to by the Committee of the Whole House on the state of the Union.
- Rules Committee Resolution H. Res. 936 Reported to House. Rule provides for consideration of H.R. 3898, H.R. 3383, H.R. 3638, H.R. 3628, H.R. 3668 and S. 1071. The resolution provides for consideration of H.R. 3898, H.R. 3383, H.R. 3638, and H.R. 3628 under a structured rule; and H.R. 3668 and S. 1071 under a closed rule. The resolution provides for one motion to recommit on H.R. 3898, H.R. 3383, H.R. 3638, H.R. 3628, and H.R. 3668; and one motion to commit on S. 1071.
- Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 119-180.
- Ordered to be Reported (Amended) by the Yeas and Nays: 34 - 30.
- Introduced in House
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Sources & provenance
Cite this page
Civic Herald. “PERMIT Act (H.R. 3898, 119th Congress).” https://civicherald.app/bills/119-hr-3898. Congress.gov record as of Jul 13, 2026.